Birendra Kumar @ Biro Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.24120 of 2017 (3) dt.19-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24120 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -PARWATTA District- KHAGARIA ====================================================== Birendra Kumar @ Biro Mandal .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 19.07.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 20.4.2016 and earlier his prayer for bail was rejected by this court vide order dated 24.10.2016 passed in Cr. Misc. no. 28469/2016 with direction to trial court to conclude the trial of the petitioner within six months and furthermore, liberty was given to the petitioner to renew his prayer for bail, if his trial no not concluded within the above stated period of six months. The report dated 4.7.2017 sent by the Addl. Sessions Judge I, Khagaria goes to show that in spite of service of summons, prosecution witnesses did not appear to depose before the court and up till now, not a single prosecution witness could be examined. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the facts that having more or less similar allegation some co-accused have already been granted privilege of bail by other benches of this court, let the

Patna High Court Cr.Misc. No.24120 of 2017 (3) dt.19-07-2017 petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I, Khagaria in Sessions Case no. 307/2016 arising out of Parbatta P.S. Case no. 84/2016. shahid (Hemant Kumar Srivastava,J) U T